This book discusses the dominant corrective justice and
distributive justice approaches to private law and identifies their
strengths and weaknesses. It goes on to propose a general approach
to private law, including contract, tort and private property, and
explains how it can provide solutions to some longstanding
problems. Two general ideas inform this approach: the ‘standpoint
limitation’ and ‘remedial consistency’. The standpoint
limitation explains the distinctive character of private law, that
is to say why it is focussed mainly, though not exclusively, on
particular individual interests rather than the common welfare.
Remedial consistency explains the way in which remedies depend on
and give effect to primary rights. The book also discusses the
nature of common law legal reasoning and its relationship to the
suggested understanding of private law.
General
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